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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Public Purpose Under Land Acquisition Act, 1894 — Held That Acquisition for Housing and Rationing Offices Serves Public Purpose and Compensation Determined Under Act Is Adequate.

The judgment pertains to two writ petitions filed by Reliance Industries Ltd. and Express Newspapers Ltd. challenging the acquisition of their land by...